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In this file photo, Madeline R. Zorzi, an owner of South Commons Condominium in the South End of Springfield, walks by her properties that were under demolition after they were
damaged beyond repair during the June 1 tornado of 2011. Zorzi was a plaintiff in a federal
lawsuit stemming from the demolition. A judge has dismissed the suit.
(The Republican file photo/Michael S. Gordon)

SPRINGFIELD — A U.S. District Court judge has dismissed a federal lawsuit by owners and tenants of an Springfield condominium who sued after the city demolished their historic, tornado-damaged building without a hearing or providing people access to their properties.

In a 34-page decision, Judge Michael A. Ponsor said a "mere mistake" by Springfield officials is the most a jury could find, despite the possible pain to people caused by the demolition of the South Commons Condominiums in the wake of the tornado of June 2011.

Ponsor said there were no federal constitutional violations of due process, as alleged in the lawsuit. He granted motions to dismiss the suit by the city and a trucking firm hired for the demolition.

"It is a hard truth that many unfortunate things happen that are not violations of the United States Constitution," the judge wrote.

Ponsor dismissed federal claims and also the balance of the suit, which depends on state law. Owners and tenants could decide to refile claims under state law in a state court, Ponsor said.

The suit was filed on June 1 of last year, the one-year anniversary of the tornado, seeking damages from the city of Springfield for improper demolition and disposal of the buildings and contents.

Defendants, including Mayor Domenic J. Sarno and Building Commissioner Steven Desilets, contended they needed to move fast to protect public safety and welfare.

The devastating tornado killed at least three people and caused extensive damage in downtown Springfield, Monson and other parts of the region.

Plaintiffs included owner Peter Zorzi, who bought and refurbished the South Commons buildings in 1985 and saw them recognized that year by the National Parks Service for their historical importance.

On the day after the 2011 tornado, the Springfield building commissioner ordered the demolition of the South Commons Condominium on Hubbard, Union and Main streets, saying the buildings posed an immediate threat to the public, according to the decision, which was issued on Friday.

Tenants and owners received no prior notice of the demolition and were given no chance in advance to fetch valuable personal or business belongings. Even in the demolition aftermath, when items could be clearly seen in the rubble left by the demolition, people were denied access.

It's hotly disputed whether the demolished buildings could have been salvaged and whether they should have been spared the wrecking ball, the decision said.

Under federal constitutional law, the city did not have to hold a hearing prior to the demolition, considering the circumstances of the tornado, the judge wrote.

State courts should have the final say over any potential liability or compensation, the decision said. Plaintiffs have raised doubts about the extent of compensation they could receive in state courts.